Review Test 2 Flashcards
(125 cards)
Law exists to ensure free system of mass media- ensures dialogue, debate & a variety of different opinions can circulate.
Limit corporate & governmental influence, protect individuals(children).
Also insures a fully functioning system of mass media- preventing some of the issues that hampered the early expansion of radio.
Reasons for Medial Regulation/ Media Law
6 Areas where Media Law comes into play?
- Controversies of a free system of mass Comm- 1st Amendment.
- Copyright (intellectual property)
- Restrictions on obscenity & pornography.
- Regulation of TV & Radio.
- Regulation of the Internet.
- Regulation of advertising.
Freedom of the press/ Freedom of Speech Prior restraint(say you can't talk about something) out lawed by the first amendment.
First Amendment
stating that congress shall make no law abridging in the freedom of speech or of the press
First Amendment (book definition)
An attempt by the government to censor the press by preventing it from publishing or broadcasting material. before they’ve had a chance to say it.
Prior Restraint ( book definition)
Not allowed to shout “FIRE” in a crowded theater.
Prior Restraint
Most important exemptions to the first amendment?
1971 Pentagon Papers: law suit finds prior restraint permissible and the government carries a heavy burden.
Justification is usually involved as well.
This was another exemption -coverage of courts & trial conflicts of two constitutional rights. (right to a fair trial)
need to ensure impartial jury & impartially in the court itself.
Don’t want to press coverage to convict or exonerate defendants before the trail starts.
Conflicts between the 1st & 6th amendments
Another exemption to the first amendment.
The act of harming the reputation of another by publishing false information.
Defamation
What are the four types of defamation?
- Libel
- Slander
- Libel per quod
- Libel per se
Published defamation- broadcast or written
Libel
Spoken defamation
Slander
Statements that always libel/ libelous ( written material)
Libel per quod
Statements that are libelous only within a specific context. saying a person is a thief.
Libel per say
Has no first amendment protection.
Obscenity
gave a definition of obscenity as: something is obscene if it corrupts the minds of the most susceptible people (children, women, minorities, mental illness, or a handicap person)
Hicklin Rule (1830-1940)
it introduces the contemporary standards and looks at the material as a whole as a opposed to focusing on small incidents of sex/ violence. now it is based on the average person, not the susceptible one.
Roth Vs. United States (1957)
introduces the key term/ concept of community standards/ it also ties obscenity to the specific but understated forms of sexual conduct prohibited by state laws.
Miller Vs. California (1973)
related to defamation in that it addresses how far the media can intrude into someone’s life to get a story. (ex, medical records) Privacy protects the truth
Right to Privacy
What are 4 privacy issues?
- eves dropping/ surveillance
- unauthorizes release of medical or bank records
- publicizes ppl in a false light/ Photoshop.
- procreation of a person name for a commercial or ad.
Broadcasting has become less regulated since the 1980’s- some laws have been completely abandoned.
Cable, Netflix, & Satellite TV are not under FCC regulation.
Deregulation of Broadcast television 80’s & 90’s
Broadcasting TV & Radio are regulated by law due to its unique characteristics- which are?
- the airwaves are owned by the public/ citizens of the U.S.
- it is a scant, natural source (ex. Frequencies)
- It is very powerful because it can be used to change public opinion/ a guest in house.
a congressional establishing act the federal radio commission, a regulatory body that would issue broadcasting licenses and organize operating times and frequencies.
Radio act of 1927
A regulatory agency, composed of 5 individuals appointed by the president, whose responsibilities include broadcast and wire regulation.
Federal Communication of Commission -FCC